118 years of Trust

THE TRIBUNE

Chandigarh, Saturday, July 18, 1998

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.................................Features in detail

The Tribune ‘Save the Himalayas’ campaign-I

Haphazard constructions make HP quake-prone
By S.P. Sharma
The forest cover in Himachal Pradesh is gradually decreasing with concrete buildings and orchards coming up in place of green trees.
Take any important tourist destination--Shimla, Dalhousie, Manali or Kulu-- it is the same gloomy picture of monstrous concrete structures jutting out of denuded hillsides. Most of these structures have been constructed without the permission of the Town and Country Planning Department, which has been a mute spectator to all this illegal activity.
Unfortunately,the successive governments in the state have not taken any measures to enforce the building laws or prepare a plan to allow only such structures which fit in the hill environment. The charm of the hills has, therefore, been lost due to unplanned and illegal building activity.
The main tourist destinations of Shimla, Dalhousie and Manali have become heavily congested. The builders are, therefore, now focusing mainly on Solan district, where a number of housing projects have been taken up in complete violation of the local laws.
The green cover is not only facing the axe of the greedy builders,but also of such elements who have been felling deodar trees to make place for fruit orchards. According to an official survey, three dense forests in the upper areas of Shimla district have vanished during the past few years and apple orchards have come up in their place.
Multi-storey concrete buildings are coming up throughout the state despite the fact that Himachal Pradesh has been placed in seismic zones IV and V, which are the two highest earthquake-prone zones of the country. No one is adhering to the recommendation of the Department of Earthquake Engineering, University of Roorkee, that all buildings and water towers must strictly be designed and constructed to meet the requirements of seismic safety in zones IV and V as per the Indian Standard Codes of Practice.
The earthquake experts of the university, who surveyed the state following an earthquake in Dharamsala in 1986,have strongly recommended that it should be made mandatory that all buildings were constructed as per the Indian Standard Codes.
With a magnitude of 8 on the Richter Scale, the Kangra earthquake of 1905, which claimed over 20,000 lives, made its impact felt in an area of over 4,16,000 sq km. Kangra and Dharamsala townships suffered almost total destruction. The McLeodganj bazaar was levelled to the ground with not a single building standing even partially.
This was followed by another earthquake of 5.7 magnitude on the Richter Scale. It destroyed about 35,000 houses.
The authorities do not seem to have learnt any lesson from the fact that Himachal Pradesh and its adjoining areas have been rocked by 250 earthquakes of magnitude 4 and more during the past 100 years.
Forest officials have expressed concern over the growing encroachments on forest land. Not only individuals, but also various government departments, have also encroached on forest lands. This problem is being faced because nearly 52 per cent of the total forest area in the state is undemarcated. No assessment has been made by the authorities about the total area encroached upon. In the Shimla circle alone, 1152 encroachments over an area of 272 hectares were detected till January, 1994. Only four cases covering an area of less than 2 hectares were decided by the revenue courts.
Forest area of about 24,000 hectares is said to be encroached upon. About 17,000 hectares of this was in the undemarcated forest land.According to an official study, the area under orchards increased by about 268 per cent between 1971 and 1991 without any decrease in the agricultural area. This clearly indicates that the pressure was growing on the forest land. In 1971,the area under fruit cultivation was 44,329 hectares, and it expanded to 1,63,330 hectares in 1991. It has grown further in the past seven years. A decrease of about 15,000 hectares of forest area was noticed recently.
The modus operandi of private builders has generally been to set up “fake” cooperative housing societies to acquire land for constructing flats or independent houses as the Section 118 of the HP Tenancy and Land Reforms Act does not permit non-agriculturists to purchase land in the state. The Justice Roop Singh Commission, which was set up by the state government to probe into the benami land deals in Himachal, has in its report pointed out many illegal house building projects in the state. However, recommendations of the commission have remained unimplemented because of the alleged political and administrative clout being enjoyed by many builders.Taller than the trees: The High Court building under construction in Shimla. Photo by Karam Singh

The authorities have also failed to implement the provisions of the HP Roadside Land Control Act on the highways where hotels and resorts are coming up in violation of the Act. Most of these hotels have hardly any parking space for vehicles.
What can be expected in other parts of the state when the authorities have been helplessly witnessing the flouting of the building laws in the capital town of Shimla? High-rise buildings have been coming up in town on every side. The government is itself the main violator of these laws as most of such buildings are being constructed by its departments.
Although the government had sometime ago decided to clear the structures on the valley side to enable the tourists to have clear view of the green hills, the nine-storeyed building of the High Court,which is coming up just near The Mall, has blocked the view of Tara Devi and the adjoining hills.
Normally no building of more than four storeys is allowed in the “banned” area above the Cart Road. But construction of the high-rise court building was started without obtaining permission of the government. The Cabinet approval for the building was obtained when the structure was almost complete.
Many green trees were cut to construct buildings and as a result a landslide blocked the main Cart Road during the rains.
The law restricting the height of any building below the road level so that the scenic view on the other side is not obstructed is not being adhered to. The newly constructed building of the Town and Country Planning Department, which is responsible for enforcing the building laws, is itself violating this rule.
A leading architect pointed out that high-rise structures do not fit in the hill architecture and such buildings should not be allowed to come up.
Top architects of the country, who met here sometime ago, were concerned over the ‘concrete culture’ that is currently prevailing in this hill state.
Another eyesore that is coming up on the Cart Road is the building of the headquarters of the PWD. The multi-storey building during the process of construction has caused landslides in the area, damaging the houses. The house of a retired forest officer, D.D. Sharma, has developed cracks and the walls have disintegrated at many places due to the landslides.
A seven-storey block to house the police headquarters is also coming up right on the other side of the road. It has badly damaged the main road. All this activity is being allowed in the already overcrowded area, ignoring the fact that a large area has been earmarked for government offices near Kasumpti.
The so-called satellite township of New Shimla has been developed in a most unplanned manner by the Shimla Development Authority. It is nothing short of a slum with no green patches and breathing space. The SDA colony is a concrete jungle which has come up in place of green forest and on agricultural land.
A ropeway being built right in the heart of Shimla town has started eating up deodar trees, although the private company to whom the project has been assigned had initially claimed that no trees will be cut.
Planners have expressed concern about the unplanned expansion of the town which is overloading the slopes and destabilising the area. The destabilising phenomenon was amply demonstrated in 1971 when a large portion of the northern part around The Ridge slumped down.
It has been said repeatedly that overloading of slopes may cause small landslides initially, but, later, these could trigger larger landslides. Construction activity has been allowed between the Himland Hotel and the Secretariat, though experts have pointed out that the rocks in the area have weathered.
It is feared that illegal construction activity will be encouraged with the state government deciding to regularise all such constructions which were completed before December 31, 1996. About 4000 applications have already been received by the government. 

      A restaurant being built on forest land in Dharamsala. Photo by the writer.When govt plays the villain
By Pratibha Chauhan
THE Himachal Pradesh government is blatantly violating the forest conservation law by constructing concrete buildings within the green areas of the town.
All this is being done without obtaining the permission of the Environment Ministry. What can be expected from the common man, when the government itself is flouting the forest conservation laws.
Although the Yatri Niwas constructed by the Tourism Department on forest land is yet to get the approval of the Environment Ministry, work is in full swing for building a restaurant right next to it.
Apart from starting work on the restaurant, the Tourism Department added two new storeys to the Yatri Niwas building. The case for regularising the earlier encroachment on forest land has been sent to the Centre for approval. The violation by the Public Works Department in constructing a portion of the Circuit House on forest land, reflects the contempt the government departments have for the Forest Conservation Act.
Though strict compliance of the Town and Country Planning Act and the municipal laws are expected from individuals, the government departments seem to be exempted from it. In fact, various government departments, including the Municipal Council, are the biggest defaulters, as buildings are constructed without getting the plan approved. In certain cases, even if the plan is rejected, the construction continues.
Ever since the powers for approving the construction plan were delegated to the Municipal Council, the situation has gone from bad to worse. In the absence of proper technical know-how and staff, the municipal authorities have failed to check encroachments and unauthorised constructions. Sources in the Town and Country Planning Office point out that five cases approved by the Municipal Council had been referred by them to their Director, as they felt the norms had not been followed. Complete lack of coordination between the Town and Country Planning Office and the municipal authorities is one of the biggest reason for the haphazard manner in which constructions are going on in the town.
The Executive Officer of the Municipal Council, T.S. Korla, when asked about the total number of illegal constructions and encroachments recorded in the town, said that as all the office records were missing, the exact number was not known. “Ever since I took over, we have detected 21 cases of unauthorised constructions and notices have been issued to allof them three months back,” he disclosed. Asked about the failure of the council in checking encroachments on forest and revenue land, he said it was the responsibility of the department concerned to take note of it. People allege that certain persons in the town were being permitted to construct more storeys than had been shown in the construction plan. Seeing the lenient attitude of the council, some builders in the garb of making additions and alterations, added new storeys.
Illegal constructions on forest land in and around McLeodganj are on the rise. All along the roads leading to Bhagsu Nag, Tibetan Institute of Performing Arts and the Mountaineering Institute, huge structures have come up. There are about 70 cases of forest encroachments in Mcleodganj. Eviction orders in 29 case were issued in 1992, but so for no action has been taken. Seeing the laxity on the part the authorities to check encroachments, structures are being raised overnight, as even a small piece of land in McLeodganj costs several lakhs of rupees. Commented a businessman in McLeodganj, “Why should we spend lakhs on buying a piece of land here when it can be easily obtained by a simple encroachment?”
The localities of Ramnagar, Shamnagar, Dari, Sheila Chowk, Siddhbari and Naddi, which are witnessing maximum constructions, fall outside the municipal limits. The Assistant Town Planner, P.P. Raina, said there was a proposal to include these areas within the municipal limit.
A major factor which can spell doom for McLeodganj, Naddi and Dharamsala is the indiscriminate construction of high- rise buildings in this earthquake-prone area. Geologists and other senior scientists visiting the area are shocked to see how the authorities have allowed construction of such hazardous multi-storey hotels and other buildings, when they know the area is prone to earthquakes.
In Naddi, which falls outside the planning limits, seismologists have witnessed recent tectonic activity in the form of superficial cracks. Despite repeated warnings by the Wadia Institute of Seismology that this area was still capable of generating earthquakes of large magnitudes, there is no check on indiscriminate construction.

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